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Florida Passenger Sues Norwegian Cruise Line and Excursion Operators Over Shore Excursion Crash in St. Thomas
A Florida man has filed a federal maritime negligence lawsuit against Norwegian Cruise Line and two excursion providers after sustaining serious injuries during a shore excursion in St. Thomas. The case, Clark Gelfand v. NCL (Bahamas) Ltd., Cruise Ship Excursions, Inc., and Chukka Virgin Islands Operating Company, LLP (Case No. 1:25-cv-21349-RAR), focuses on a high-speed crash that occurred during the Castaway Shipwreck Sail & Snorkel tour—raising major questions about cruise line liability, excursion safety, and joint-venture responsibility under maritime law.
🚤 Castaway Excursion Turns Catastrophic as Excursion Boat Slams Into Dock in St. Thomas
On January 31, 2024, Clark Gelfand was participating in the Castaway Shipwreck Sail & Snorkel excursion booked through NCL’s onboard excursion desk when the vessel, Castaway 3, abruptly turned around the stern of another cruise ship, Silver Dawn, and collided with the dock at high speed. The sudden impact threw passengers from their seats.
Gelfand suffered serious bodily injuries, including physical impairment, disfigurement, and emotional distress. He claims the operators lacked proper safety protocols, and the boat was poorly maintained and piloted by an unqualified captain.
⚠️ Cruise Shore Excursion Crash Spurs Lawsuit Alleging Negligence, Unsafe Vessel Operation, and Lack of Oversight
According to the lawsuit, the excursion was advertised, sold, and coordinated entirely by NCL. Gelfand’s legal team alleges:
- NCL failed to properly vet or oversee Cruise Ship Excursions, Inc. and Chukka Virgin Islands Operating Company.
- The excursion vessel was unsafe, poorly maintained, and operated without proper training.
- No safeguards were in place to prevent the type of crash that occurred.
- All marketing and bookings were handled directly by NCL, creating the appearance that the excursion was NCL-operated.
🤝 Apparent Agency, Joint Venture, and Negligent Partner Selection Cited in Lawsuit Against Norwegian Cruise Line
The lawsuit accuses NCL of both direct negligence and vicarious liability under theories of:
- Negligent selection and retention of the excursion operators
- Apparent agency – passengers were never informed that third-party operators were involved
- Joint venture liability – NCL and the operators allegedly shared profits, operational control, and marketing duties
These legal theories, if accepted, could make NCL fully liable for the acts of the excursion companies.
⚖️ Lawsuit Raises Concerns Over Cruise Line Practices in Marketing and Operating Shore Excursions
Gelfand’s complaint alleges a systemic issue in how NCL handles shore excursions:
- Marketing excursions as exclusive NCL products without disclosing third-party involvement
- Using onboard staff, branding, and booking systems to imply full NCL control
- Failing to inspect or enforce safety standards with partner operators
Attorneys argue that NCL misleads passengers into believing the excursions are operated by the cruise line itself, thereby assuming a duty of care.
📚 Excursion Injury Lawsuit Adds to Growing Legal Pressure on Cruise Lines for Offshore Incidents
This case joins a rising wave of litigation in which passengers sue cruise lines for injuries sustained during third-party shore excursions. Maritime courts have increasingly shown a willingness to:
- Recognize apparent agency relationships
- Hold cruise lines liable under joint venture or partnership doctrines
- Demand stricter oversight of third-party providers
Similar legal theories have succeeded in past cases involving jet ski accidents, snorkeling injuries, and zipline crashes booked through major cruise lines.
📞 Hurt During a Cruise Excursion? You May Have a Maritime Injury Claim
If you or someone you know was injured during a cruise-sponsored excursion, you could be entitled to compensation under U.S. maritime law.
🚨 Don’t assume cruise lines are not responsible. Legal doctrines like apparent agency and joint venture may apply.
👉 Contact an experienced maritime attorney today to explore your rights to compensation for medical bills, pain and suffering, and other damages.